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This overview explores the changes in Montana water rights, including changing components, statutory criteria, public notices, and project completion notices. It also discusses the challenges faced in quantifying historic use, the use-it-or-lose-it rule, and issues with adjudication and new appropriations. Additionally, it examines specific issues in the change process, such as return flows, surface water vs. groundwater, instream flow changes, mitigating consumptive use losses, imported and salvage water, inter-basin transfers, and methods for reducing water consumption.
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Change of Use – Basic Overview • Changing the Components of a Water Right • Statutory Criteria • Public Notice • Project Completion Notice
Change Criteria– Historic(al) Use:An Elusive Metric • Statement of Claim Historic Beneficial Use • Pre-July 1, 1973 (>40 years ago) • Diverted flow rate • Diverted volume • Consumptive use • Acres irrigated • Number of stock • Etc… • Use It or Lose It 10 Years? • Adjudication versus New Appropriations
Issues Confronted in the Change Process • Quantifying “Historic Use” under existing legislation • Proof of continuous use • Conversion to center pivot no change required (!?) • ARM 36.12.1904 - Historic Use
Issues Confronted in the Change Process • Return flows in closed basins with instream flow water rights • Surface water vs. groundwater • Timing is the issue…always! • Instream flow changes denied for instream flow!? • Mitigating for consumptive use losses in basins with hydropower storage • Thompson River Lumber Co.
Issues Confronted in the Change Process • Imported Water and Salvage Water • Inter-basin transfer of water is not 100% consumptive • No exceptions for return flow and adverse effect analysis • Salvage water can be used for new consumptive purposes • Methods include reductions in ET, evaporation, seepage, waste, deep percolation, and return flows
